Full text of the policy of the Regulations on the Implementation of the Forest Law of the People's Republic of China

Regulations on the Implementation of the Forest Law of the People's Republic of China

(Promulgated by Order No. 278 of the State Council of the People's Republic of China on January 29, 2000, in accordance with January 2011 "Revised by the "Decision of the State Council on Abolition and Modification of Certain Administrative Regulations" on the 8th)

Chapter 1 General Provisions

Chapter 2 Operation and Management

Chapter 3 Forest Protection

Chapter 4 Afforestation

Chapter 5 Forest Harvesting

Chapter 6 Legal Responsibilities

Chapter 7 Supplementary Provisions

Chapter 1 General Provisions

Article 1 These regulations are formulated in accordance with the Forest Law of the People's Republic of China (hereinafter referred to as the Forest Law). Article 2 Forest resources include forests, trees, and woodlands, as well as wild animals, plants, and microorganisms that rely on forests, trees, and woodlands to survive. Forests, including arbor forests and bamboo forests. Forest trees, including trees and bamboo. Woodland includes arbor woodland with a canopy density of 0.2 or above, as well as bamboo woodland, shrub woodland, sparse woodland, logging land, burned land, unafforested afforestation land, nursery land and suitable forest land planned by the people's government at or above the county level. Article 3 The state implements a forest, tree and woodland registration and certification system in accordance with the law. The ownership and use rights of legally registered forests, trees and forest lands are protected by law and may not be infringed upon by any unit or individual. The format of ownership certificates for forests, trees and woodland shall be stipulated by the forestry administrative department of the State Council. Article 4 State-owned forests, trees and woodlands used in accordance with the law shall be registered in accordance with the following provisions: (1) Units that use forests, trees and woodlands in state-owned key forest areas (hereinafter referred to as key forest areas) determined by the State Council shall Submit a registration application to the forestry department of the State Council, which will register and issue a certificate to confirm the use rights of forests, trees and forest land as well as the ownership of forests owned by users; (2) Use of state-owned forests across administrative regions Units and individuals that own forests, trees and woodland should submit a registration application to the forestry department of the people's government at the corresponding higher level, and the people's government will register and issue a certificate to confirm the right to use forests, trees and woodland and the rights to use them. (3) Units and individuals that use other forests, trees and forest lands owned by the state shall submit a registration application to the forestry department of the local people's government at or above the county level, and the local people's government at or above the county level shall register and register them. Issuance of certificates confirming the rights to use forests, trees and woodlands and the ownership of trees owned by users. State-owned forests, trees and woodlands with undetermined use rights shall be registered and registered by the people's governments at or above the county level and shall be responsible for their protection and management. Article 5 For collectively owned forests, trees and woodland, the owner shall apply for registration to the forestry department of the people's government at the county level where the place is located, and the people's government at the county level shall register and issue a certificate to confirm ownership. For forests owned by entities or individuals, the owner shall submit a registration application to the forestry department of the people's government at the county level where they are located, and the county-level people's government will register and issue a certificate to confirm the ownership of the trees. Units and individuals that use collectively owned forests, trees and woodland shall submit a registration application to the forestry department of the people's government at the county level where they are located, and the county-level people's government will register and issue a certificate to confirm the right to use the forest, trees and woodland. . Article 6 To change the ownership or use rights of forests, trees and forest land, the change registration procedures must be completed in accordance with the law. Article 7 The forestry administrative department of the people's government at or above the county level shall establish ownership management files for forests, trees and forest land. Article 8 For national key protective forests and special purpose forests, the forestry administrative department of the State Council shall put forward opinions and submit them to the State Council for approval and announcement; for local key protective forests and special purpose forests, the forestry administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall put forward opinions and report them to the people at the same level. The government approves and announces; other protective forests, timber forests, special-purpose forests, economic forests, and firewood forests shall be organized and delineated by the forestry department of the county-level people's government in accordance with the national regulations on the classification of forest types and the deployment of the people's government at the same level, and reported to the people's government at the same level. Approved for publication.

The period of temporary occupation of forest land shall not exceed two years, and permanent buildings shall not be built on the temporarily occupied forest land; after the occupation period expires, the land-using unit must restore forestry production conditions. Article 18 If a forest management unit builds engineering facilities that directly serve forestry production within the forest land it manages and needs to occupy forest land, it must be approved by the forestry administrative department of the people's government at or above the county level; when building other engineering facilities, it is necessary to convert the forest land into For non-forest construction land, construction land approval procedures must be completed in accordance with the law. The engineering facilities that directly serve forestry production as mentioned in the preceding paragraph refer to: (1) Facilities for cultivating and producing seeds and seedlings; (2) Facilities for storing seeds, seedlings and timber; (3) Lumber collection roads and timber transportation roads; (4) Forestry scientific research, testing, and demonstration bases; (5) Facilities for wildlife protection, forest protection, forest pest control, forest fire prevention, and timber quarantine; (6) Water supply, power supply, heating, gas supply, and communication infrastructure.

Chapter 3 Forest Protection

Article 19 The forestry administrative department of the people's government at or above the county level shall conduct regular inspections and monitoring of forest pests and diseases based on the investigation and monitoring of the reporting objects by forest pest and disease reporting centers and reporting points. Publish long-term, medium-term and short-term forecasts of forest diseases and insect pests, and propose prevention and control plans in a timely manner. Forest managers should select improved species, create mixed forests, implement scientific forest cultivation, and improve their ability to defend against forest diseases and insect pests. When forest diseases and insect pests occur, relevant departments and forest managers should take comprehensive prevention and control measures to eliminate and control them in a timely manner. When serious forest pests and diseases occur, the local people's government shall take emergency control measures to prevent their spread and eliminate hidden dangers. Article 20 The forestry administrative department of the State Council is responsible for determining the national forestry seedling quarantine targets. The forestry administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, based on the needs of their respective regions, determine the objects of supplementary quarantine of forest seedlings in their respective provinces, autonomous regions, and municipalities directly under the Central Government, and report them to the forestry administrative department of the State Council for filing. Article 21 It is prohibited to deforest for reclamation, to collect seeds, and to collect fat, dig bamboo shoots, dig roots, peel bark, and excessive pruning in violation of technical operating procedures. Article 22 Slopes above 25 degrees shall be used for planting trees and grass. Sloping farmland with an angle of more than 25 degrees should be gradually returned to farmland and planted with trees and grass in accordance with the plans formulated by the local people's government. Article 23 When a forest fire occurs, the local people's government must immediately organize the military and civilians to fight the fire; the relevant departments should actively carry out the supply, transportation, communication, and medical treatment of fire fighting materials.

Chapter 4 Tree Planting and Afforestation

Article 24 The forest coverage rate mentioned in the Forest Law refers to the percentage of forest area to land area in the unit of administrative region. Forest area includes the area of ??arbor forest and bamboo forest with a canopy density of 0.2 or above, the area of ??shrub forest specially specified by the state, the farmland forest network, and the coverage area of ??trees beside villages, roadsides, watersides, and houses. Local people's governments at or above the county level shall, in accordance with the forest coverage goals determined by the State Council, determine the forest coverage goals for their respective administrative regions and organize their implementation. Article 25: Afforestation shall comply with afforestation technical regulations, practice scientific afforestation, and improve the survival rate of forest trees. People's governments at the county level shall organize inspections and acceptances of the afforestation status within their own administrative regions during the year. Except for arid and semi-arid areas specially specified by the state, if the survival rate is less than 85%, it shall not be included in the annual afforestation completed area. Article 26 The state implements a department and unit responsibility system for afforestation and greening. On both sides of railways and highways, on both sides of rivers, and around lakes and reservoirs, the relevant competent authorities are responsible for afforestation and greening. In industrial and mining areas, land used by government agencies and schools, military camps, and farm, pasture, and fishery operating areas, each unit is responsible for afforestation and greening. The responsible unit's afforestation and greening tasks shall be confirmed by the local county-level people's government issuing a responsibility notice. Article 27: The state protects the ownership of forest trees and other legitimate rights and interests enjoyed by afforestation contractors in accordance with the law. The afforestation contract shall not be changed or terminated at will without the agreement between the contract issuing party and the contractor.

Chapter 5 Forest Harvesting

Article 28: State-owned forests and trees are divided into state-owned forestry enterprises and institutions, farms, factories and mines, and collectively owned forests and trees, Annual forest harvesting quotas for individually owned forests are set on a county-by-county basis, which are summarized and balanced by the forestry departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. After review by the people's governments at the same level, they are reported to the State Council for approval; among them, the annual forest harvesting quotas for key forest areas Harvesting quotas shall be submitted to the State Council for approval by the forestry department under the State Council. The annual forest harvesting quota approved by the State Council is reviewed every five years. Article 29: The logging of forests and forest trees sold as commodities must be included in the national annual timber production plan; however, rural residents logging individually owned firewood forests on self-reserved mountains and privately owned land, and scattered individual trees in front of and behind their houses are excluded. Article 30 When applying for a forest felling license, in addition to submitting the ownership certificate or use right certificate of the forest trees applied for, other relevant supporting documents shall also be submitted in accordance with the following provisions: (1) State-owned forestry enterprises and institutions shall also submit a survey of the harvesting area Design documents and acceptance certificates for harvesting and renewal in the previous year; (2) Other units should also submit documents including the purpose, location, forest species, forest conditions, area, storage volume, method and renewal measures of forest harvesting; (3) Individuals Documents including the location, area, tree species, number of trees, stock volume, update time, etc. of harvested trees should also be submitted. If it is necessary to cut down trees due to emergencies such as forest fire fighting, flood control and rescue, the unit or department organizing the rescue shall report the status of felling trees to the forestry department of the local people's government at or above the county level within 30 days from the end of the emergency. Article 31 No forest logging license shall be issued under any of the following circumstances: (1) Non-tending or non-renewal logging in protective forests and special-purpose forests, or logging of trees during the forestry closure period or in the forestry closure area; (2) Failure to complete reforestation tasks after logging in the previous year; (3) Major cases of deforestation, forest fires, or large-area serious forest diseases and insect pests occurred in the previous year, and no preventive and improvement measures were taken. The format of the forest felling license shall be stipulated by the forestry administrative department of the State Council and printed by the forestry administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government. Article 32 Unless otherwise specified in the Forest Law, forest felling licenses shall be issued in accordance with the following authority: (1) County state-owned forest farms shall be issued by the forestry department of the county-level people’s government where they are located; (2) Province, State-owned forestry enterprises and institutions and other state-owned enterprises and institutions affiliated to autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall be issued by the forestry administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where they are located; (3) State-owned forestry enterprises and institutions in key forest areas Unit, issued by the forestry department of the State Council. Article 33 If the timber forest created with foreign investment reaches a certain scale and needs to be harvested, it shall be within the annual forest harvesting quota approved by the State Council, and shall be approved by the forestry administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government, and the harvesting quota shall be listed separately. Article 34: The operation (including processing) of timber in forest areas must be approved by the forestry department of the people's government at or above the county level. Timber purchase units and individuals are not allowed to purchase wood without a forest harvesting license or other legal source certificates. The term wood as mentioned in the preceding paragraph refers to logs, sawn wood, bamboo, wood chips and other wood specified by provinces, autonomous regions and municipalities directly under the Central Government. Article 35: To transport timber that is not uniformly allocated by the state from forest areas, you must hold a timber transportation certificate issued by the forestry department of the people's government at or above the county level. Timber transportation certificates for key forest areas shall be issued by the forestry administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government; other timber transportation certificates shall be issued by the forestry administrative departments of the local people's governments at or above the county level. The timber transportation certificate is valid from the starting point of the timber to the final destination and must accompany the cargo. Without a timber transportation certificate, shipping units and individuals are not allowed to transport timber. The format of the timber transportation certificate shall be stipulated by the forestry administrative department of the State Council.

Article 36 When applying for a timber transportation license, the following supporting documents shall be submitted: (1) Forest harvesting license or other legal source certificate; (2) Quarantine certificate; (3) The forestry administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government stipulates Other documents. If the conditions in the preceding paragraph are met, the forestry department of the people's government at or above the county level that accepts the application for a timber transport certificate shall issue a timber transport certificate within 3 days from the date of receipt of the application. The total amount of timber allowed to be transported by the timber transportation certificate issued in accordance with the law shall not exceed the total amount of timber that can be transported and sold according to the local annual timber production plan. Article 37 Timber inspection stations established in forest areas with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for inspecting timber transportation. If timber is transported without a license, the timber inspection station shall stop it and may temporarily detain the timber transported without a license. And immediately report it to the forestry department of the people's government at or above the county level for handling in accordance with the law.

Chapter 6 Legal Responsibilities

Article 38 If the illegal logging of forests or other trees is less than 0.5 cubic meters in terms of standing timber volume or less than 20 saplings, the county-level The forestry authorities of the above people's governments shall order the replanting of 10 times the number of illegally logged trees, confiscate the illegally logged trees or the proceeds from the sale, and impose a fine of 3 to 5 times the value of the illegally logged trees. If a forest or other forest trees are illegally logged, and the volume of standing timber exceeds 0.5 cubic meters or there are more than 20 saplings, the forestry department of the people's government at or above the county level shall order the forestry department to replant 10 times the number of illegally logged trees, and confiscate the illegally logged trees or sell them income, and a fine of 5 to 10 times the value of illegally felled trees. Article 39 If a forest or other forest trees are felled indiscriminately, and the standing timber volume is less than 2 cubic meters or the saplings are less than 50, the forestry department of the people's government at or above the county level shall order the replanting of trees that are five times the number of trees that have been cut indiscriminately, and shall be punished Fines of 2 to 3 times the value of deforestation trees will be imposed. If a forest or other forest trees are felled indiscriminately, and the standing timber volume is more than 2 cubic meters or there are more than 50 saplings, the forestry administrative department of the people's government at or above the county level shall order the replanting of trees that are five times the number of trees that have been cut down, and impose a fine of 3% of the value of the cut trees. times to 5 times the fine. Anyone who logs forest or other forest trees in excess of the timber production plan shall be punished in accordance with the provisions of the preceding two paragraphs. Article 40 If anyone violates the provisions of these Regulations and operates (including processes) timber in forest areas without approval, the forestry administrative department of the people's government at or above the county level shall confiscate the illegally operated timber and illegal income, and impose a fine of not more than twice the illegal income. fine. Article 41 Anyone who violates the provisions of these Regulations by destroying forests to collect seeds or violating technical operating procedures by collecting resin, digging bamboo shoots, digging roots, peeling bark, or excessive pruning, resulting in the destruction of forests and trees, shall compensate for the losses in accordance with the law and shall be responsible for the losses at the county level. If the forestry administrative department of the above people's governments orders them to stop illegal activities and replant trees that are 1 to 3 times the number of damaged trees, they may be fined 1 to 5 times the value of the trees destroyed; those who refuse to replant trees or whose replanting does not comply with relevant national regulations , the forestry administrative department of the people's government at or above the county level shall organize replanting on their behalf, and the necessary fees shall be paid by the offender. Anyone who violates the provisions of the Forest Law and these Regulations and reclaims forest land without authorization, causing damage to forests and trees, shall be punished in accordance with the provisions of Article 44 of the Forest Law; if the forest or trees are not damaged or there are no forests or trees on the reclaimed forest land, If the illegally reclaimed forest land is illegally reclaimed, the forestry department of the people's government at or above the county level shall order it to stop the illegal behavior and restore it to its original state within a time limit, and may impose a fine of not more than 10 yuan per square meter of illegally reclaimed forest land. Article 42 Under any of the following circumstances, the forestry administrative department of the people's government at or above the county level shall order the forestation task to be completed within a time limit; if the task is not completed within the time limit, a fine of not more than twice the cost of completing the unfinished afforestation task may be imposed; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law: (1) If the reforestation task is not completed for two consecutive years; (2) The reforestation area in the current year does not reach 50% of the reforestation area that should be reforested; (3) Exception Except for arid and semi-arid areas specially designated by the state, the survival rate of reforestation in the year does not reach 85; (4) The responsible unit for afforestation fails to complete the afforestation task on time in accordance with the requirements of the local county-level people's government.

Article 43 Anyone who changes the use of forest land without the approval of the forestry department of the people's government at or above the county level shall be ordered by the forestry department of the people's government at or above the county level to restore it to its original state within a time limit, and shall be fined 10 yuan per square meter for the illegally changed forest land. A fine of 30 yuan. Anyone who temporarily occupies forest land and fails to return it within the time limit shall be punished in accordance with the provisions of the preceding paragraph. Article 44 If timber is transported without a timber transport certificate, the forestry department of the people's government at or above the county level shall confiscate the illegally transported timber, and may impose a fine of not more than 30 RMB on the illegally transported timber on the owner. If the quantity of timber transported exceeds the quantity permitted by the timber transport certificate, the excess timber shall be confiscated by the forestry department of the people's government at or above the county level; the species, species, and specifications of the timber transported do not comply with the provisions of the timber transport certificate without justifiable reasons. , the non-conforming portion of the wood will be confiscated. If a forged or altered timber transport certificate is used to transport timber, the forestry department of the people's government at or above the county level will confiscate the illegally transported timber and impose a fine of RMB 10 to RMB 50 of the price of the confiscated timber. If you transport timber without a timber transportation certificate, the forestry department of the people's government at or above the county level will confiscate the freight and impose a fine of 1 to 3 times the freight. Article 45 Anyone who moves or destroys a forestry service sign without authorization shall be ordered by the forestry administrative department of the people's government at or above the county level to restore it to its original state within a time limit; if the forestry service mark is not restored within the time limit, the forestry administrative department of the people's government at or above the county level shall restore it to its original state at a cost of Offenders pay. Article 46 If, in violation of the provisions of these Regulations, any protection forest or special-purpose forest is changed into other forest species without approval, the forestry administrative department of the people's government at or above the county level shall take back the forest ecological benefit compensation obtained by the operator and place the operator in a place where The penalty for obtaining compensation for forest ecological benefits is less than three times.

Chapter 7 Supplementary Provisions

Article 47 The division of responsibilities and powers of the forestry administrative departments of the local people's governments at or above the county level in these Regulations shall be specified by the forestry administrative department of the State Council. Article 48 These Regulations shall come into effect on the date of promulgation. The "Details for the Implementation of the Forest Law of the People's Republic of China" approved by the State Council on April 28, 1986 and issued by the Ministry of Forestry on May 10, 1986 were abolished at the same time.